20 Sept 2022
XXXX Mahkamah Tentera Divisyen Keempat Infantri Malaysia
- Citation
- 01(f)-5-02/2022(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 01(f)-5-02/2022(W) (Mahkamah Persekutuan)
The conviction for desertion under s54(1)(a) was unsustainable because the prosecution failed to prove the essential element of an intention to remain permanently absent as required by s54(2)(a); prolonged absence alone (six months or similar) is insufficient to prove that intent, especially where the accused returned to duty and the inference of intent was not properly put to or established against the accused, therefore the military court's decision was legally defective and was quashed.